The Department of Homeland Security SAFETY ACT DT&E Designation


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K2 has received the Department of Homeland Security’s SAFETY Act Developmental Testing and Evaluation Designation® for our Person-Borne™ Explosives Detection Dog (PB-EDD) Qualified Anti-Terrorism Technology as described in our “Exhibit A,”

April 27, 2016 – K2 Solutions, Inc. provides Person-Borne Explosive Detector Dog Teams (“PB-EDD” or the “Technology”). The Technology detects explosives carried by individuals, e.g., in backpacks and/or clothing, by following the path of air molecules flowing from explosive material on a moving individual, and for traditional explosive detection canine team deployments to locate explosives on stationary positions. The Technology includes hiring and vetting of personnel, and policies and procedure. This Developmental Testing and Evaluation Designation will expire on April 30, 2019.

What is the SAFETY Act?

As part of the Homeland Security Act of 2002, Public Law 107-296, Congress enacted the SAFETY Act. The SAFETY Act provides incentives for the development and deployment of anti-terrorism technologies by creating a system of “risk management” and a system of “litigation management.” The purpose of the Act is to ensure that the threat of liability does not deter potential manufacturers or sellers of anti-terrorism technologies from developing, deploying, and commercializing technologies that could save lives. The Act thus creates certain liability limitations for “claims arising out of, relating to, or resulting from an act of terrorism” where qualified anti-terrorism technologies have been deployed.
 

What does the SAFETY Act Designation Mean for our Customers?

The SAFETY Act liability protections apply to a wide range of technologies, including: products, services, software and other forms of intellectual property that are designed or modified to identify, detect, deter, respond to, or otherwise mitigate the impact or harm arising from an Act of Terrorism. Protections apply only to claims arising out of, relating to, or resulting from an Act of Terrorism.

The SAFETY Act provides two levels of liability protections to help promote the creation, deployment and use of anti-terrorism technologies.

DESIGNATION:

The seller’s liability for products or services that are deemed Designated Technologies is limited to the amount of liability insurance that the Department of Homeland Security determines the seller must maintain. Designation can also be obtained for promising anti-terrorism technologies that are undergoing testing and evaluation (Developmental Testing and Evaluation Designations).

Designations and Developmental Testing and Evaluation Designations provide the following benefits to companies.

Liability = Insurance required by DHS
Exclusive action in Federal Court
No Joint and Several Liability for non-economic damages
No punitive or prejudgment interest
Recovery reduced by amounts from collateral sources

CERTIFICATION:

In addition to the benefits provided under Designation, Certification allows a seller of an anti-terrorism technology to assert the Government Contractor Defense for claims arising from acts of terrorism. Technologies that receive Certification will be placed on SAFETY Act Product List for Homeland Security.
 

The SAFETY Act site states, “DT&E Designations will include limitations on the use and deployment of the subject technology.” Is your venue covered?

Yes, your venue is covered. The limitations of any DT&E Designation are described in each respective “Exhibit A” attached to the SAFETY Act Award for each Technology. Our “Exhibit A” does not place any limitations on our coverage, deployments, nor our locations. Our full “Exhibit A” is available upon request.
 
Source (safetyact.gov; https://www.safetyact.gov/pages/homepages/SamsStaticPages.do?path=sams%5Cpages%5CBenefitsToYourCompany.html)
 

What is a Person-Borne Explosives Detection Dog or PB-EDD? Learn more.